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Thread: AG Opinion coming (hopefully)

  1. #1
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    I just got a message back from Rep. Mike Sells telling me that he is going to ask the AG for an opinion on open carrying of a firearm and will get back to me with the AG's answer as soon as he gets it.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Regular Member just_a_car's Avatar
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    *jaw-drop*

    I can't wait to hear the response!!!

    Good work Joe!
    B.S. Chemistry UofWA '09
    KF7GEA

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    joeroket wrote:
    I just got a message back from Rep. Mike Sells telling me that he is going to ask the AG for an opinion on open carrying of a firearm and will get back to me with the AG's answer as soon as he gets it.
    Now this just means he is going to look at the existing laws and interpret them right? This won't cause him to go "Holy crap, OC is legal?!?! Well we better fix that." That would suck. :shock:

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    Excellent! Good on you for keeping at this.

    Let's just hope the AG's opinion is favorable. (That is to say, let's hope his opinion is in line with the law.)

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    Agent 47 wrote:
    joeroket wrote:
    I just got a message back from Rep. Mike Sells telling me that he is going to ask the AG for an opinion on open carrying of a firearm and will get back to me with the AG's answer as soon as he gets it.
    Now this just means he is going to look at the existing laws and interpret them right? This won't cause him to go "Holy crap, OC is legal?!?! Well we better fix that." That would suck. :shock:
    Anything could come out of it. I don't think it will be looked at to the negative because there has not been violence or mayhem caused by open carry.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Regular Member amlevin's Avatar
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    Agent 47 wrote:
    joeroket wrote:
    I just got a message back from Rep. Mike Sells telling me that he is going to ask the AG for an opinion on open carrying of a firearm and will get back to me with the AG's answer as soon as he gets it.
    Now this just means he is going to look at the existing laws and interpret them right? This won't cause him to go "Holy crap, OC is legal?!?! Well we better fix that." That would suck. :shock:
    He would probably just come up with an opinion on what constitutes "Alarm". The legality is there as long as one does not do so at a time, in a place, or manner, yada, yada, yada.

    It sure would be nice to have a "benchmark" that everyone can understand. FWIW, read some of the AG opinions re: firearms. The last one I read covered the use of property by a school and firearms.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    amlevin wrote:
    Agent 47 wrote:
    joeroket wrote:
    I just got a message back from Rep. Mike Sells telling me that he is going to ask the AG for an opinion on open carrying of a firearm and will get back to me with the AG's answer as soon as he gets it.
    Now this just means he is going to look at the existing laws and interpret them right? This won't cause him to go "Holy crap, OC is legal?!?! Well we better fix that." That would suck. :shock:
    He would probably just come up with an opinion on what constitutes "Alarm". The legality is there as long as one does not do so at a time, in a place, or manner, yada, yada, yada.

    It sure would be nice to have a "benchmark" that everyone can understand. FWIW, read some of the AG opinions re: firearms. The last one I read covered the use of property by a school and firearms.
    The good news is that Rob Mckenna is very pro-gun. I would recommend that everyone contact Rep. Sells and thank him in advance for his efforts.

    Marty Hayes

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    What do you think, Lonnie?

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    Open carry is legal ion WA. yo umight want to work with the legislator to make sure the question is a relevant productive question for the AG to answer.

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    You're right, Mike. It is legal. But there is one law that offers a very vague translation on what really causing alarm is. There have been a few case laws, but an opinion from the AG might help or hurt us. I'm curious as what his answer will be.

  11. #11
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Make sure that Mr. Sells can transmit to the AG the King County, Federal Way, and Bellevue bulletins.

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    Marty Hayes wrote:
    The good news is that Rob Mckenna is very pro-gun. I would recommend that everyone contact Rep. Sells and thank him in advance for his efforts.

    Marty Hayes
    I figured as much, but I didn't know for sure. It seems as though Rob McKenna is fairly well respected as well.

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    We all have the right to be alarmed but the point in question is what warrants alarm. The way the law here reads is that the act must "warrant cause for alarm". There is a huge difference between being alarmed of an action and the action warranting alarm.Someones alarm does notautomatically constitute a crime on my part.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

  14. #14
    Regular Member amlevin's Avatar
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    Hopefully the AG will see the same logic as the appelate court did in WA v. Casad. All it will take is an opinion that a holstered firearm, carried by a citizen just going about his business, is not cause for alarm. As it stands now the mere sight of a firearm being carried by a non-leo causes not only the "sheeple" in society to claim alarm, but the Leo's themself can claim "alarm".

    The AG's opinion will not change the law but it will put Law officers that don't like open carry on notice that they are out of line.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    Regular Member amlevin's Avatar
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    mark edward marchiafava wrote:
    In Mississippi, the AG's office doesn't function based on logic.
    Maybe it's the water. I've heard that the farther down the Mississippi you travel the more often the water has been "recycled" by cities upstream. Could that have any bearing on the lack of logic:?.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    Anything yet??? I wanna see this bad!

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    I wouldn't expect anything for a couple of months. It is usually not a fast process.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Guess I'm used to Idaho. I asked my rep for help on something and he got me an official AG opinion in 3 weeks.

    I'm glad you asked and even more happy he is willing to do it!

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    devldogs55 wrote:
    Anything yet??? I wanna see this bad!
    You can track the status of any opinion requested, and even sign up for the list-serve which will notify you of any opinion requests and solicite your input, by going to the AG Opinions HOmepage.

    http://www.atg.wa.gov/AGOOpinions/default.aspx

    As of now, no opinions regarding open carry have been requested.

  20. #20
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    Requested an update from Rep. Sells.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Theopinion for legalities of Open Carry have been requested by Rep. Sells and his aide is inquiring as to the progress of the request.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Well not exactly the opinion I was hoping for as it does not deal with the specific legalities of OC but rather the requirements needed for a terry stop. I was hoping it would be more to the terry stop applicabilites for nothing more than OC. The thing that bugs me is the "paraphrased" comment that is used to describe the question that Rep. Sells asked. It leads me to believe that they do not want to touch the open carry topic.

    I am going to write Rep. Sells back and ask him to get clarification for open carry and the applicablility of a terry stop for nothing more than the mere open possesion of a holstered pistol.

    http://joeroket.kaidok.net/stuff/AG_...terry_stop.pdf
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Seems to be a lot of B.S. that clarifies nothing.

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    Well it isn't BS but it is things that we already have articulated to LE and they have agreed, for the most part. I'm going to do a little more work and see if I can get one that deals with the openly carrying of a firearm and how a terry stop would relate. That is the biggest stumbling block we have from what I have seen.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Well, it is definitely nice that their office included the opinion contained in State vs. Casad. It is too bad though that this isn't a bit more along the lines of what we would like to see. It is also too bad this is an informal.

    It's cannon fodder. It's like a mighty oak. We just have to keep on swinging the axe before it falls, but it will eventually fall.

    I would surmise the best thing to do would be to request another, formal opinion from the AG. Referencing this opinion but going into detail more specifically about the discussion we are looking for.

    Thank you for taking the time to work on this process. Your repertoire with Mr. Sells seems to be a fairly effective channel of communication, and while slow:X, it is still a channel.

    While it seems as though the AG office may be intentionally skirting around the issue, I think you should resubmit your request for a more specific opinion.

    Keep on it! If you would please PM me your next letter to your rep, I can use it as an approach to my reps as well. They seem fairly friendly with these matters.

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